Members Present: Dooley Kiefer, Peter Penniman, Frank Proto, Martha Robertson, Nancy Schuler

Staff Present:  Katie Borgella, TCPD
Kate Hackett, TCPD
Joan Jurkowich, TCPD
Heather McDaniel, TCPD
Ed Marx, Commissioner, TCPD
Kathy Wilsea, Secretary, TCPD

 
I Committee Administration

A Call to Order

Chair Dooley Kiefer called the meeting to order at 2:07 PM.

B Agenda Changes

If time allows, Ed would like to talk about the Ag & Farmland Protection Board in the Planning Department segment.  Dooley added discussion of the November meeting agenda.

C Approval of Minutes

Motion was made by Martha to accept the minutes of the 9/19 regular meeting and the 10/2 special meeting.  Seconded by Nancy.  Dooley submitted changes and the minutes were accepted by consensus.

D Decisions on format of Neighbor Notification Law meeting 10/17

Dooley will run the meeting.  It was agreed that it was not the intention to express committee opinion on the law.  Comments will be accepted, but not offered by committee members.

Dooley reported she spoke with Dr. Francis Fox, chair of the Board of Health.  He told Dooley the BOH had a good discussion of NNL, but took no action.  At Frank Proto’s suggestion, it will be placed on the agenda again in January or February.  Nancy said the work load of the Health Department was also discussed at the HHS Committee.

Attendees for the open meeting will be allowed to speak for three minutes maximum.  Frank Proto phoned Kathy Wilsea earlier today and asked to read a written statement from a constituent into the record.  Martha provided Dooley with a comment she received by e-mail from Gil Gillespie.

Rich Rima will be present from DEC Region 7, and can summarize the law.  Kathy will prepare an attendance sheet and a sign-up sheet for speakers.  Copies of the DEC brochures and a list of exempt materials will be provided as handouts.  Kathy handed out copies of a letter received from Stefani Woodams, which was the only written comment received after the July joint meeting with HHS.

Dooley mentioned the need for this committee to act with enough time for a public hearing and BOR action before the end of the year.  Kathy provided an update that the committee reviewing NNL in Rensselaer County did not forward it to the legislature.  The Erie County legislature recommended a registry, and there was a public hearing 10/4.  The County Executive must approve or veto by 10/21.

E Announcements

There were no announcements.
 

II Environmental Management Council

F Report/Update

Heather McDaniel was present to provide an update.  She said there was no guest speaker at the October meeting.  Susan Brock has been chair for three years and does not wish to serve as Chair again in 2003.  The EMC Nominating Committee will provide recommendations for Chair and three Vice-Chairs.  Susan will continue as a member.  Heather has begun a membership drive.  She said half of the municipal seats are vacant, as are a couple of the at-large seats.

Dooley said Michael Koplinka-Loehr used the EMC recruiting letter as a good example for advisory boards at the last BOR meeting.  Nancy asked if it would be okay to suggest names of youth for EMC seats.  Heather said yes; there is no longer a youth seat but they could serve as at-large or associates.

Heather said there is a new committee examining the request from Niagara County EMC about providing support to oppose shipment of the Hudson River PCB-contaminated waste to a landfill in Niagara County.  The committee has also decided to examine the DEC Environmental Justice policy and make comments.  The Environmental Justice policy examines communities that are low-income or minority communities.  EMC also seeks inclusion of communities adversely impacted by environmental issues.  EMC also wants inclusion of all projects with DEC permits, not just projects where DEC is lead agency.  In reviewing the policy, Heather felt it did cover all projects with DEC permits.

Heather reported that she found the annual conference of the NYS Association of EMCs interesting.  It was a good networking experience and showed the variety of projects, ways the councils function, and differences in staffing in the other counties.

Heather said there is an intern working for her at TCPD on the Cities for Climate Protection Local Action Plan.

Dooley asked if the EMC UNA Committee has been asked to review trails in unique natural areas.  Heather said she referred the trails issue to them and she expects a response next year.

Nancy Schuler left at 2:40 PM.

III Water Resources Council

G Alternate Representative to IO

Kate reported that Sharon Anderson is no longer able to serve as Dan Winch’s alternate to the Cayuga Lake Intermunicipal Organization.  WRC member Dave Bouldin has volunteered, and some background was provided.

Martha made a motion to appoint Dave Bouldin as alternate.  Seconded by Peter.  Passed 3:0.  Dooley asked Kate to check on procedure for this appointment.

H IO Call for Cooperation

The resolution of WRC in support of the IO Call for Cooperation had previously been circulated to BOR members.  Kate said the proposed agreement will also go to the County Attorney for review.  Dooley noted that one of the Whereas clauses includes “form” and so she thought it was the original resolution that established the group.  She thought that Whereas clause should be left out of the current version.

Frank arrived at 2:44 PM.

Kate said the annual IO dues are currently $900.  Tompkins County has paid the 2002 dues.   Martha suggested reviewing the Call for Cooperation and the County Attorney’s comments at next month’s Planning Committee meeting.

I Road Courses and Water Resources Workshop

Kate said the seminar on the new EPA stormwater regulations was well attended.  She is getting good feedback.  Steve Eidt of DEC spoke about the Phase II regulations.  Don Lake of NYS Soil & Water Conservation Committee spoke about stormwater runoff and erosion control.  Attorney Andrew Leja spoke about liability issues for rights-of-way and drainage.  Dooley requested copies of handouts.

Frank said the timing of implementing Phase II is inflexible.  However, to get started, municipalities only need to agree that they may need to file a Notice of Intent.  One of the speakers proposed developing templates on GIS that all municipalities can access.  Greg Potter of ITS thinks this is possible.  All municipalities will have to do this eventually.

Kate said $4.5 million will become available statewide for implementation from the Environmental Protection Fund.  She said the Watershed Network, Soil & Water Conservation District, WRC,  and City of Ithaca wastewater treatment personnel are meeting today to develop a training workshop on the Notice of Intent.

J Nominating Committee Questions

WRC Nominating Committee asked for clarification in June of procedures for filling the municipal seats.  Dooley recalled some tension in relations between Tompkins County and its constituent municipalities, so it seemed a good idea to ask the Municipal Officials Association, comprised of all the towns and villages, to recommend who should fill the municipal seats.  However, a problem with this is that the Municipal Officials Association does not include the City of Ithaca.  Frank said when the bylaws were revised, specific municipal seats were eliminated.

Peter suggested accepting designees and not being dependent upon the City or MOA for nominations.  He and Ed felt the WRC should go ahead and fill seats if no response is received.  Dooley noted this is not the usual role of nominating committees, but Kate said it was set up as “Nominating/ Membership Committee.”  Dooley expressed a strong feeling against designees; the municipal point of view should come from municipal officials.  Martha felt WRC should be able to find three municipal representatives, but if they get specific it’s more difficult to fill the seats.  Dooley noted that the City perspective is already represented on WRC by three City employees.  Frank felt they should contact MOA, but solicit outside also.  Dooley felt it would be a waste of time to contact MOA if WRC is also contacting municipalities directly.    Frank said we were only using the City for a contact in the past.  If the City doesn’t respond, “tuffsky lucksky”.  The WRC functions well and actively.  But he did express a dislike of using designees.

Motion by Peter to solicit recommendations from all municipalities, strive to choose one City and two town applicants, bring the recommendations to this Committee, and accept no designees.  Seconded by Martha.  Passed 3 yes:1 no (Kiefer).
 

IV Aquifer Study

Kate could provide no new information yet.  She said it has been promised for the end of the day, 10/18.  Frank asked Peter to report on the Capital Programs Committee’s actions for the record.  Peter said, as he recalled it, $50,000 was established for 2003, over $77,000 for each subsequent year for a total of 20 years, with the cost share 35% for the County, 35% for municipalities, and 30% for USGS.

Dooley asked if the prioritization would be ready at the WRC meeting next week.  Kate said no, she expects it at the November meeting.
 

V Planning Department

L Commissioner’s Report

-  Budget/Program Update:  Ed reported that Senior Planner Mark Sawyer has resigned.  On 10/25, Ed will discuss this with the vacancy review board.  If the position is not filled, it would mean significantly cutting back on municipal services (which would be provided by subscription, as discussed previously) or services to other County departments.  The 2003 budget is based on including this Senior Planner position.  He noted that Kate Hackett will be on parenting leave for about three months.

Ed also discussed the unprogrammed rollover.  TCPD would use it for three years for the comprehensive plan, phasing in the municipal services program, etc.  Frank expressed a preference to let rollover play out and not tinker with it.  Ed said it helps him if he knows the conditions he’s expected to operate under.  Peter noted the Board members are expecting the rollover.  Dooley asked if Ed was prepared to explain use of rollover at the budget meeting 10/18, and Ed said he was.  Martha wondered if there is a move for further cuts beyond Steve Whicher’s recommendations, is there a need to discuss this.

Dooley asked if the funding for the Flood Hazard Mitigation Program study was complete.  Ed said funds from Finger Lakes-Lake Ontario Watershed Protection Alliance (FLLOWPA) will pay the balance of the consultant fees.  That change can be given to the Budget Committee 10/18.  A contract is being drawn up with one of the consultants who responded to the RFP.

-  Comprehensive Plan:  Ed said the public meetings begin next week.  There has been some press coverage.  He asked if there were any comments on the Draft Statement of Purpose provided last month.  He noted minor changes and discussion of emphasis were provided by the Planning Advisory Board.  Martha asked if he had received any names from municipalities for the Municipal Advisory Committee.  Ed said he has not.

-  SEQR Procedures:  Ed asked if there were any comments on the proposed changes to the SEQR policy that was distributed last month.  He has not received Jonathan Wood’s comments, and has therefore not discussed the policy with IDA yet.  He felt Jonathan may advise that IDA needs its own internal SEQR procedures.  He speculated that IDA might adopt a parallel policy.  Dooley said we might have differing ideas on what constitutes appropriate environmental expertise.  Where and how IDA gets environmental reviews done would influence her view of our SEQR policy.  Ed felt that if it is determined that IDA does not fall under the County policy, they are an independent agency with separate responsibilities.  Dooley disagrees with Bond Counsel’s opinion, and will have a problem if Jonathan Wood agrees with them, because there are other environmental attorneys with differing opinions.

Frank asked if we instruct IDA to use County guidelines, does the County have any liability.  Katie Borgella felt the County would, as the County Board would be making a decision based on IDA policy.  Frank said when consultants are hired, the County can challenge their reviews.  If the County approves an IDA project subject to SEQR review and the review is flawed, are we party to liability action?  Ed said, according to Jonathan Wood, the County’s only action is certifying compliance with federal laws, there is no discretionary action.  Peter felt there is a need to have IDA review the policy for themselves.

Martha requested that this be on the November agenda, with Jonathan Wood present.  Ed asked if there were any other concerns with the SEQR procedures.  Peter remarked that IDA functions in the interest of businesses, and that doesn’t always mesh with the interests of citizens/ taxpayers.

-  County Property Update: Ed said the Fleming Meadows parcel off Elmira Road (marked with star on map) is 7.64 acres. Katie Borgella provided color maps.  This property has been carried on the County inventory, and he would prefer to develop a strategy for dealing with it.  It is a landlocked site adjacent to Buttermilk Falls State Park and the abandoned rail right-of-way.  It is across Cayuga Inlet from the proposed Black Diamond Trail.  The accompanying map shows some constraints – wetlands, UNAs, and the landlocked situation.  Ed said Jon Kanter thinks the Town of Ithaca would support this parcel becoming part of the State Park.

Dooley asked about its proximity to the historic Indian site, Coreorgonel.  Frank asked if there was any cost to the County if we fail to act in any way.  He speculated that the property could become a bargaining chip in other negotiations.  Ed said there is the liability regarding property we are not maintaining.  Katie said the County pays water and sewer services.  The property is assessed at $22,000.  Martha asked if it could become a dog park.  Peter mentioned there is a historic marker there.  There was speculation about it being an archeological site of Indian artifacts.

Regarding the property on the map northeast of the star, Ed said that site is intended to be a connection to the Black Diamond Trail.  He felt we should reopen discussion about selling this parcel to the State Park.  Dooley wondered if this is another site the local Indian community might think worthwhile to explore.  Ed said the State Parks have archeological experts on their staff.  Frank suggested contacting the American Indian group at Cornell to see if they have interest in using it as an archeological site.

Ed said Tim Joseph had expressed a need to sort out the County government’s role for focus.  The County does not have a parks department.  The State has a strong parks presence in Tompkins County and does a good job with archeological sites.  He thinks it’s a good idea to work with State Parks, as they are in a better position to manage this property.   Dooley said she doesn’t object, but thinks we should first contact the Native American program at Cornell University.

VI Appointments

N Planning Advisory Board

Joan suggested the committee address appointments before Peter and Martha needed to leave at 4:00 PM.  Resumes for Don Rakow and Bruno Schickel were distributed to committee members.  Ed said Becky Bilderback is also willing to serve another term in the housing seat.

Frank made a motion to appoint all three persons, seconded by Martha.  Vote 4:0.

Appointed   Seat     Expires
Schickel, Bruno  Business    12/31/2003
Rakow, Donald  Land Pres./Public Land Mgmnt. 12/31/2005
Bilderback, Becky  Housing    12/31/2005

-  Homeownership Budget:  Ed said this does not require action until January.

-  GML 239 Review Highlights:  Ed informed committee members that the City of Ithaca has requested a height variance for 70' in a 60’ limit for the Green Street garage.  There was a public hearing in Danby 10/16 about a special use permit requested by the snowmobile club to utilize seasonal and abandoned roads and a small stretch of shoulder.  Ed felt the Town is dealing well with the issues.  DEC was present at the meeting to answer questions about the State forests.

-  DOT Relocation:  Ed said the comparative analysis has been completed.  DOT would prefer the site north of the Village, which Ed agrees is more cost effective.  Dooley asked if DOT would accept either site, and Ed said yes.

Dooley asked if there was any new information on Cayuga Green.  Ed suggested committee members read a letter to the editor in the Ithaca Times.

Peter and Martha left at 4:00 PM.

Addition to Agenda

Dooley asked if members had suggestions for the November agenda.  She would like to turn attention to traffic.  On her way out, Martha commented that City and TCAT representatives at the last Space & Location meeting made conflicting statements about who will make the decision on TCAT’s intermodal center.  Dooley said there is a question of whether TCAT should be reviewed by Planning or Public Works; transportation planning is a component of the comprehensive plan.  Or perhaps it should be part of Economic & Workforce Development, as if provides jobs and transportation to jobs.

VIII Adjournment

The meeting was adjourned at 4:04 PM.

Respectfully submitted Kathy Wilsea, Secretary,Tompkins County Planning Department